The Final Capture of Zorro
by mjf2468
Summary: It had started as an ordinary day for the pueblo of Los Angeles. No one suspected that by the end of it, Zorro would be captured, and his identity revealed. How will Diego escape the hangman's noose? How will Victoria and Alejandro react to the reveal? Will Diego live long enough to address their reactions? A New World Zorro story.
1. Chapter 1: the capture

The Final Capture of Zorro

Summary: The dreadful has happened. Zorro has been captured, and his identity revealed. How does his father react? What does Victoria think? Will Diego escape the hangman's noose? Read on and discover the answers.

Disclaimer: Not owned by me. Owned by NPZ.

**AN; Okay, I will post this, even though it probably is a very simple story. Or the themes have been overdone. And let's not even discuss the possible inconsistencies. But it is a story that has been percolating in my mind for some years. **

**Also, I want to use Luis Ramone as the Alcalde, because I always felt he was the truly evil one, versus Ignacio de Soto, who I think was just mainly misguided. But an event I refer to in the story happens near the end of the series. I absolutely love the line, so did not want to cut it or change the Alcalde. So let's pretend for this story that Ramone was the only Alcalde for the run of the series. So of course the two shows that took place at the Devil's Fortress never happened. Just because this is my story. Otherwise canon remains unchanged.**

**So let's review….this story takes place sometime after season 4, but before Gilberto visited, and Ramone has been Alcalde all the time. And thanks for overlooking the beginner mistakes, clichés, inconsistencies, and lack of polish. Thanks. **

It was early afternoon. A time when Zorro usually did not ride, but Diego had heard that the Alcalde was going to arrest poor Juan Hernandez for failing to pay taxes. It seemed a little odd to Diego, this change in time, but he could not take the chance that it was not actually true. It went against all of the Alcalde's usual patterns of behavior to do the act while there was still sunshine for the family to have time for possible action against him. It was just more cruel to do it at night.

Diego approached the small farm with caution, as he always did. An unusual quiet surrounded the farm. All of his senses were frantically warning him of danger. As he got closer, he suddenly realized that none of the Hernandez family was around. No one was around at all. For it being daytime, that was not usual.

Suddenly, soldiers appeared from behind the barn, the house, and up the road as well. Diego found himself surrounded without warning. He took a second to marvel that the Alcalde had finally stepped up his traps. It appeared that Ramone had called the entire garrison out for this one.

Diego turned Toronado around, and commanded the horse to leap over the hay bales and wagons that had suddenly been pulled out of the barn in order to assist in his capture. Toronado easily jumped the obstacles, and galloped away. However, more soldiers approached from the surrounding woods, from both directions. Bullets were flying from the soldiers' guns.

As Toronado galloped across the hills, Diego kept an eye on the soldiers behind him. He could not believe that he had fallen into the Alcalde's trap. Suddenly, more soldiers galloped out from the trees in front of Diego and surrounded him, surprising him. It was an unusual place for an ambush, which for some reason distracted him. Shots rang out from all sides. A lucky shot hit Toronado, who reared, throwing Diego off.

Diego, being caught unawares, fell and hit his head on a rock. Momentarily dazed, he was unable to take out his whip. Before he could jump up, he found himself with three swords at his throat, and five other rifles aimed at him. It seemed as if the entire garrison surrounded him.

"Well, well, well. This day has finally arrived, Zorro, " came the dreaded glee of the Alcalde's voice. "Get him up!"

Diego was grabbed by a soldier on either side and was roughly brought to his feet. The Alcalde approached Diego with the well-known sneer on his face. "Tsk, tsk, tsk, Zorro. Having a bad day, are we? I knew your luck had to run out one of these days. I am just happy I stuck around here long enough to see it."

Diego could not resist, "Yes, who would have thought it?"

The Alcalde looked at Zorro, and with a smug look, pulled back his arm and punched Diego square on the jaw. "I have been wanting to do that for quite some time, and with that smart remark I couldn't resist."

Diego shook his head, trying to clear the cobwebs. The Alcalde grabbed Diego by the chin and raised his head to look him in the eye. "And now, I get to do something else I have been waiting to do for four very long years!" Before Diego knew it, the Alcalde grabbed his hat off his head with one hand, and his mask off with the other. "Diego de la Vega!" The Alcalde's face paled a little from the shock. He blinked his eyes, and shook his head in disbelief.

"Were you expecting someone else?" Diego asked. "Actually, Alcalde, Zorro asked me to distract you and lead you away out here. So, I am sorry, but I am not Zorro." Diego thought he had little chance with such a flimsy story, but that was all he could come up with, and he knew he had to at least try.

The Alcalde laughed, turned away from Diego and took a few steps shaking his head. He walked back to Diego, suddenly pulled his fist back and punched Diego again in the face. "Boy, that feels better a second time!" as he noted Diego's stunned expression "I just had to punch you again for daring to tell me such a ridiculous story." He gave Diego a self-satisfied smirk.

"What do you mean? It is the truth. I do not know who Zorro is, or why he wanted me to distract you, but that is the truth. I mean, you know me, Alcalde. I am the laughingstock of the pueblo. You know how inept I am with a sword, I get lost trying to go to Santa Paula, my own father thinks poorly of me. How could _I_ be Zorro?"

The Alcalde laughed again. "Oh Diego, for such an intelligent man, do you really think that story could have a chance of changing my mind?" A pained look passed over the Alcalde's face. "I very much hate to admit it, but you have successfully fooled me and everyone else for four years, and I am rather ashamed of it. I mean, we have never seen you and Zorro together. You both have blue eyes. You both are quite tall." The Alcalde made an exaggerated shrug. "Everything else you talked about, can be so easily faked. And so you did. I guess, you were quite successful in pulling it off. Until now."

Diego closed his eyes and took a deep breath, trying to recollect his thoughts. He decided, impulsively, to attempt to escape and tried to struggle against the two soldiers holding him securely. He knew he had only a slim chance of catching them unawares, but he had to try. However, the soldiers were being overly vigilant in their task of holding onto their long-desired prey and kept a secure hold onto Diego.

"Ah, Diego, that is foolish. You do not stand a chance. Especially not without your sword and your whip," he stated, as he took each of them off of Diego and handed them to Mendoza, who was also holding Zorro's hat and mask.

Asking for long rope, the Alcalde bound Diego's wrists in front of him. He then indicated the soldiers to lead Diego over to the Alcalde's horse, where the Alcalde tied the other end to his saddle horn.

"Alcalde, what are you doing? You cannot make Diego walk all the way into town," Mendoza protested.

The Alcalde turned to Mendoza and asked, "Why not, Mendoza? His horse ran off. I cannot spare one of my men's horses for him." The Alcalde gave a nonchalant shrug. "Also, for a man who can withstand three Indian challenges, a little walk to town probably won't faze him at all."

Diego schooled his features into a bland expression, tamping down his fear. The level of the Alcalde's viciousness would only be surpassed by his need for revenge. And this time, there would not be Zorro riding to the rescue. Especially since there was no way he could get word to Felipe, or to confer with him on a possible escape plan.

The Alcalde gave the command for his soldiers to mount their horses. He mounted his horse with one last look of slimy triumph at Diego. He commanded half of his soldiers to proceed to the pueblo at the usual speed, with a stern warning not to speak to anyone about their capture. "When you get there, start building the gallows. We shall need that at dawn."

Diego then got another chill down his spine when the Alcalde turned and smiled at him as another idea came to him. "Oh, but first, make sure you replace the whipping post in the middle of the courtyard. I have decided to reinstate whippings." The Alcalde would finally have the long-awaited opportunity to mete out his favorite punishment on his worst enemy.

The Alcalde then led the group of remaining soldiers at a trot. Faster than walking, but not as fast as a gallop. Diego thought wryly at least he could be thankful that the Alcalde was not totally inhumane_. Gracias a dios for small favors, I suppose. _

Diego was able to keep up a slow jog for most of the journey. However, as he saw the pueblo in the distance, Diego finally could not watch his footing anymore. His throat absolutely dry, sweat rolling into his eyes blinding him, he stumbled over a hole in the ground, and found himself falling. His throat too dry to call out, Diego was not able to get the Alcalde to stop so that he could regain his footing.

Meanwhile, Victoria was in her tavern serving her customers, and Alejandro was out on the porch enjoying a cold drink with several of his friends. He had spoken of his disgust with his son to his friends. "I don't know where that son of mine took off to. He was supposed to come to town with me today, but all of a sudden, he ran off with nary an excuse. I just don't know what to do with him."

His friends murmured words of understanding, shaking their heads. Diego was often a conundrum for many of the caballeros, but he was a kind and generous young man. Out of respect for Alejandro, they often made allowances for Diego's often odd behaviors. However, over the years, they had also come to respect the young man on his own terms, such as his vast knowledge on a multitude of subjects, and his diplomacy.

As Victoria came outside to check on Alejandro and his friends, she looked up and saw the dust of approaching riders. Recognizing the Alcalde in the lead, she interrupted the men's conversations, exclaiming in disgust, "Oh, no! What is the Alcalde up to now?"

Alejandro squinted into the distance. "It appears he is bringing another prisoner into town." He then saw the dust being kicked up by a man being dragged behind one of the horses. "How inhumane! The Alcalde is dragging him into town. He has not done that for years, not since Zorro has appeared. I wonder who it could be, since he has almost all of the pueblo's soldiers with him."

That was when Victoria noted that two soldiers were in the process of placing a whipping post in the middle of the square.

"Oh, no, Don Alejandro, look." Pointing to the whipping post, she continued. "I thought the Alcalde had given that up as well. I hope Zorro arrives soon. He is going to be so angry about these indignities!" She took a minute picturing her love coming to the rescue, and the indignities he would perform on the Alcalde.

Both Victoria and Alejandro approached the edge of the porch, to get a better view of the spectacle. A gasp escaped from Victoria when the group had approached close enough for her to see the black-clothed man. She grabbed Don Alejandro's sleeve. "Oh, no! Don Alejandro, it is Zorro!"

Alejandro shook his head, "Oh, Victoria, it could not be!" As he looked at the man, he observed the familiar black slacks and shirt, the dark hair, and his heart sank. At least it explained the Alcalde's treatment of this particular prisoner.

Victoria pushed Alejandro's hand from her arm and rushed across the road over to the jail, with most of the group on her heels. Alejandro attempted to catch up with her and pushed through the group of villagers as they gathered around the jail waiting to see the identity of the prisoner.

The caravan of soldiers stopped in front of the whipping post. Two soldiers went to the prisoner and yanked him into a standing position. Gasps were heard as the prisoner was revealed to be Don Diego de la Vega.

Victoria grabbed Alejandro's sleeve. "What is going on, Don Alejandro? Diego cannot be Zorro, he just cannot be!" Alejandro noted the rising panic in her voice.

Alejandro rushed forward and grabbed the Alcalde by the arm before he could follow the soldiers leading Diego to the whipping post. "Alcalde, I demand to know why my son is being treated in such a way?"

"Well, Don Alejandro, I would think that would be obvious. He is being charged with being the infamous outlaw Zorro. You and the tavern owner are only steps away from sharing a cell with him, if you are not careful. So be careful what you say next, _sir_."

Don Alejandro stood taller and stated, in a bitingly calm voice, "Alcalde, before you start throwing accusations around, I demand I speak to my son right now."

The Alcalde coolly looked at Alejandro. "That will have to wait until we process our prisoner and formally charge him. I shall let you know when you can visit him." Giving Don Alejandro a smile, he stated, "Oh, yes, but before we do that, we have to dole out some punishment fitting his crimes." Turning around, he headed towards the whipping post followed by Diego being dragged by the two soldiers. Another soldier brought a whip from the Alcalde's office and handed it to the Alcalde. The Alcalde unrolled it and cracked it several times.

Realizing the Alcalde's intent, Alejandro rushed to catch up to the man again. "How dare you, Alcalde! You are not going to whip my son!"

The Alcalde looked coldly at the influential man. "I can do whatever I want. I am still the Alcalde. Your son, I remind you, is a criminal. As such, I am in the position to warrant whatever punishment I feel is necessary."

Two lancers approached Don Alejandro. As one of them was about to grab him about the arm, Alejandro glared at him as he yanked it out of the lancer's reach. The other lancer motioned towards Victoria, silently asking him to join her at the sidelines. Alejandro slapped his gloves in his hand and joined Victoria.

They, along with the rest of the pueblo, watched as Diego was stripped of his shirt and his wrists were tied to the top of the whipping post. Victoria buried her face into Don Alejandro's chest. "I cannot bear to watch this!"

Soldiers were busy keeping the crowd of villagers from rushing toward Diego. The uproar from the crowd increased as the crowd grew. News of Zorro's capture had spread, and more villagers gathered. Alejandro and Victoria were held back by a soldier aiming a rifle towards them, upon command from the Alcalde. They watched in horror as the Alcalde took great pleasure in whipping Diego. After twenty lashes, Diego was losing the battle to remain on his feet. The Alcalde decided to stop at this point. Victoria could not believe how bloody his back was.

"I will stop now, Don't want to make too much of a mess in the jail. Take him to his cell."

The Alcalde approached Don Alejandro and Victoria. "I suppose you will want to see him. After thinking about it I guess I will allow it. However, if I hear the slightest hint of planning an escape, I will put you both in the next cell."

Two soldiers dragged Diego to a cell, and threw him unceremoniously onto the floor. Diego barely registered that the whipping had stopped, and that he was lying on the cold cement floor of the very jail from which he had often rescued other prisoners.

The next thing he registered were two sets of comforting arms gently pulling him up and guiding him to the only cot in the cell.

"Oh, Don Alejandro, look at his back!"

Diego startled at the voice of his beloved. He drew up as much of his remaining strength and rolled onto his side to look up at the voices. He met the concerned glances of his father and Victoria.

"Oh, no, you are not under arrest, too?" Diego was afraid that his absolute worst fears were coming true. That he could not bear, the thought of his loved ones sharing in his punishment.

Victoria hurried to reassure him. "No, Diego, the Alcalde has 'graciously' allowed us to visit you to treat your wounds. I am not sure how long we have, so we better get started."

Diego rolled back onto his stomach. Victoria began to gently wash the torn skin of Diego's back, steeling herself against his involuntary jerks of his body as Diego attempted to not cry out in pain.

"Diego, like Victoria has said, we are not sure how long the Alcalde's generosity will last." Leaning down to speak in his son's ear, Alejandro continued. "Did you ever come up with a plan if you were ever arrested?"

Diego sighed heavily. "No, not really. I just have been too cocky I guess in thinking that I would never be caught." Diego hoped his father would forgive him, when he hopefully discovered his deceit about possible escape plans. Diego could not risk the Alcalde overhearing anything. In truth, Diego and Felipe had indeed developed some contingency plans over the years. "Have someone ride to the hacienda and tell Felipe I am here."

"I understand how you feel about him, Diego, but perhaps we should not tell him about this until we know for sure what we should do."

Bracing for his father's reaction, Diego said, "Well, Father, you see, Felipe has been helping me all along. He even has come up with some of Zorro's ideas."

"What?" both Alejandro and Victoria exclaimed.

"You mean, you told a young boy your secret, and not your own father?"

"Why didn't you tell us, if you told him? Why couldn't we help you as well?" Victoria added her hurt and disappointment.

"We may not have time for this, but Felipe was there when I first came up with the idea of Zorro. It was only natural for him to continue helping me." Turning on his side, Diego looked at both his love and his father. "I hope I can answer all your other questions some other time, but I need to tell you a few things."

"What is that, Diego?" Victoria said softly.

Looking into her eyes, Diego said, "You and Father must not try anything. You both need to keep your distance from me. It is the only chance we have to prevent you both from joining me on the gallows."

Before Victoria could respond, Alejandro exploded. "What are you talking about? I will not stand by and watch my only son be executed for standing up for the underprivileged. We need to get you out of here!"

The Alcalde chose this moment to enter the cell area. "I hope you are finished caring for your fallen hero, Senorita Victoria. It is time for you both to leave. You will have the opportunity to say your final goodbyes tomorrow morning, before he is hung at dawn."

Victoria turned on the Alcalde. "You cannot be serious, Alcalde? You just cannot hang Diego. What is your proof that he is Zorro? I mean, he is a wonderful man, but he cannot be Zorro."

The Alcalde gave a hearty laugh. "Oh, Victoria, really. This play-acting from all of you is getting rather tedious. You see, I caught Diego red-handed. Riding that black horse of Zorro, wearing his outfit. Even riding like him. Unfortunately, and I am not quite sure why, he did not exactly fight like him. I guess anyone can have a bad night, and luckily I was there, finally, when Zorro had his."

Don Alejandro leaped upon what the Alcalde said. "See, there you are. If it were truly Zorro, there would have been no way you and your soldiers would have captured him. You say he was not truly fighting like Zorro…..so there you are!"

Alcalde Ramone just shook his head and then called for some of the guards. When they entered, he informed them to 'kindly' show Victoria and Alejandro out of the jail.

Despite both of their protests, Victoria and Alejandro were led out of the jail. As the door slammed behind them, Victoria looked at the man she considered to be like a father with tears in her eyes. "Oh, Don Alejandro, whatever are we going to do?"

Looking around, and observing no one watching them, Alejandro stated, "Lets go back to your tavern. We have to think of something."

Suddenly Felipe appeared and almost knocked Alejandro down in his agitation. His hands flew as he signed more than what either of them could catch.

"Wait, Felipe, wait. I cannot catch anything you are saying. We are on the way back to the tavern. We will discuss it there."

**AN2: So did you catch which line I had to change the Alcalde/timeline for? The reference to the Indian challenges. Anyway, hope the story is somewhat entertaining and not too inconsistent. If you can, please let me know what you think, of this first chapter. Now I just have to figure out how to get Diego out of this mess…..all for now. And a huge thank you for reading and reviewing!**

**AN3: Oh, and huge thanks to the Zorro fan fiction group for your answer to my questions and support! But any mistakes are totally mine. **


	2. Chapter 2: the noose tightens

Disclaimer: Not owned by me. Owned by NPZ.

**AN: Thank you for all the favorites, follows, and reviews. Hope you enjoy this chapter. Sorry for the wait!**

Beginning the day after Diego created Zorro, Felipe desperately held onto the hope that Diego would be able to have his happy ending some day. To marry Victoria and settle down. To be able to give up being Zorro on his own terms, and not because of injury, death or capture. So, when one of the townspeople rushed to the hacienda to inform Felipe of Zorro's capture, and subsequent unmasking, Felipe was forced to accept the fact his worst fears had come true.

Since the moment he heard the devastating news, Felipe went into battle mode. Before he had left the hacienda for the pueblo, he visited the stables and saddled two of the lesser known horses, mounted one, and led them to the cave entrance. After tying up the horses, he entered the cave. He carefully gathered and packed all the explosives, weapons, and the rest of Diego's "tricks" left in the cave into saddle bags. He saddled Toronado and led him outside. He loaded the saddle bags onto his horse, mounted him, and rode to a well-hidden cave east of the pueblo, leading Toronado and the other horse.

Part of the emergency plans he and Diego had developed over the years included keeping bags packed with camping supplies, food, and other items in several caves. Bags which were checked on a regular basis by either Diego or Felipe, ensuring the contents were up to par. These bags included clothes for the three de la Vega men, as well as for a certain senorita. The caves served a dual purpose. Diego breathed easier having potential hideouts available, if needed, when Zorro was out on patrol. In fact, he had used them on occasion, to give patrols the slip over the years. The other purpose was to assist them if needed for a quick get-away out of the pueblo, if needed. Like in this very situation.

When he reached one of the caves, Felipe tethered the other two horses he had brought along. He entered the cave with the additional saddle bags. Locating the other bags left there from previous trips, Felipe ensured that all was well with them. He covered up all of the bags with brush and rushed outside. Breathing a small sigh of relief, he silently reviewed all he had done. Satisfied with the review, he mounted his horse and rode into the pueblo to join Alejandro and Victoria.

Upon reaching the pueblo, Felipe led his horse to the little barn behind Victoria's tavern, where he had decided to hide him. He took the saddle bag and hid it in the tack room. He rushed into the square to look for the rest of his family, unaware of a pair of eyes observing his actions. Seeing them leave the jail, he ran over to Victoria and Alejandro and almost knocked Don Alejandro over in his anxiousness over Diego.

~~Z~~Z~~Z~~Z~~Z~~

When they arrived at the tavern, Victoria led them to a small room that acted like a parlor for Victoria. As she faced the de la Vegas, Victoria let a sigh escape her lips. The events of the evening were just bombarding her brain. Before she could discuss how to help Diego, Victoria felt they needed to discuss the "other" issue.

"So you never knew, Don Alejandro?" Her disbelief colored her question.

"No, I did not. If we get him out of this mess, Diego has some explaining to do." Reaching out towards Felipe, Don Alejandro continued. "But I think this young man can give us some answers."

Felipe started to sign quickly, then caught himself. With a wry smile, he started again more slowly. "I will gladly answer all of your questions later, but I think we need to figure out how to rescue Diego first. In case we get interrupted."

He then described the preparations, the location of the escape cave and the supplies that were waiting for them. He also told them he had brought two horses there this afternoon before he had arrived in the pueblo.

"One thing we have to our advantage is the statement the Alcalde made about Zorro not being up to his usual excellent standard of fighting. Surely we can use that as part of Diego's defense. If it gets that far," Alejandro said.

"Do you think so? How could we?" Felipe signed.

They continued to discuss potential escape measures, fully aware that their time may be limited. All three kept their senses alert, listening to any possible threat.

~Z~Z~Z~Z~Z~Z~

After Alejandro and Victoria were shown out of the jail, Diego rested back into the cot with a small sigh of pain. His back felt as though every nerve ending was on fire. Victoria's administrations had provided some comfort; however, her apparent acceptance of him as Zorro went a lot further in lessening the pain. Diego shook himself; he needed to stop thinking about Victoria and the life he hoped to share with her. He needed to focus on escape, so he could hopefully explore her acceptance in depth, as well as deal with the inevitable appearance of the famous Escalante temper.

His eyes wandered to the window above him. About the only good thing that had happened so far in all of this was being held in the cell Zorro had "prepared" once for Diego to escape from. Throughout the past several years, he had ensured that those "preparations" had not been discovered and corrected. A small detail, but hopefully one he would be able to put to good use tonight.

Diego stretched out on the cot, reviewing again the details of the various possible escape plans he and Felipe had constructed over the past four years. They had attempted to develop plans for every possible scenario, but those possible plans never seemed to be adequate though. But now? Now they were all Diego had. Their one advantage? The Alcalde would certainly underestimate Felipe, both his intelligence and his abilities. Felipe had grown in ability as well as stature over the past year. Diego will unfortunately have to depend upon those abilities tonight.

The door separating the cells from the office opened. Diego watched as Ramone walked down the short hall towards him with his customary cockiness and smirk of a smile on his face. The same smile Diego always loved wiping off his face. What he would not give to have one more chance to do just that.

_It must make his century to have finally captured Zorro. _Diego couldn't help the small wry grimace with that thought.

"Enjoying your last evening of life, Diego? I sure hope so. I am sorry I did not 'invite' your loved ones to be here with you. I know how desperately you care for them."

Diego bit back a heated reply. "If I were Zorro, I would say I never included them in my charade, so you have no reason to arrest them. You witnessed their reactions, Alcalde. They really did not know."

"Yes, you do have a point. However, I could always jail them for the multiple times they assisted the criminal known as Zorro."

The Alcalde walked up to the bars of the cell and rested his hands on them, grasping them lightly. "Tell me, Diego, why did you do it? Why risk your life for the squabble? They hardly seem worth it now, all that you are giving up. The pretty senorita, your life of leisure and wealth. Was it truly worth it?"

Diego slowly lowered his legs to the ground and sat up, hiding a grimace of pain. He looked Ramone in the eye and stated, "Any life is worth the sacrifice. It does not matter to what station they are born. You, as our leader, should know that. It is a shame you, the person governing us, use your position only for your gain."

"You sure are speaking boldly now, de la Vega. You must think you have nothing more to lose."

"No, you and I are just discussing issues of political theory, are we not? I'm just a silly dilettante, aren't I? What do I know about politics or treason?"

"Of all things, a dilettante is the _last _thing I would call you." Another look passed between the two men. Shaking his head, Ramone said, "Still quite can't get my head around the fact you have been the person behind Zorro all this time."

Ramon let go of the prison bars and took a dramatic pause. "It does not take away the pleasure I will have getting rid of you once and for all." Then he left.

Rolling his eyes, Diego shook his head. To have his life in the hands of such an incompetent, boorish fool was the ultimate shame. He wondered if he would "benefit" from another meeting from Ramone later in the evening. He cannot imagine the Alcalde being finished with his goading. Actually, he was surprised Ramone would be done with any further public humiliation. With any luck, the Alcalde would hold off doing any other such stunts until tomorrow. Tomorrow, when hopefully he and his family were many miles away, having spirited away in the night.

~~Z~~Z~~Z~~Z~~Z~~

While he and the Alcalde were having their discussion, Diego's family were busy with planning an escape.

Felipe signed, "I think we can rescue him in the middle of the night. We, Diego and I, were able to keep the bars of the jail cells loose, so all it takes is for Tornado to pull them out of the wall."

Victoria said, "I am sure the Alcalde will have triple the guards out, in preparation for any attempt we may try."

Alejandro sighed. "And I suppose we three will be on the top of the list."

Seemingly in answer to this, the Alcalde and five soldiers burst into the room. "Yes, you are correct about that." Shivers went down Victoria's spine as the Alcalde gave her an especially salacious look. "I was wondering what to do about you three. You see, my first inclination would be to arrest you three as well."

Alejandro stood up. "So why aren't you?"

"Because I think it causes you three more distress to remain 'free' but yet still unable to help your hero." The Alcalde walked across the room. "You are hereby ordered to remain here, under house arrest, until tomorrow morning. If you take one step out of this building, the soldiers have orders to shoot on sight."

With one last gleeful smirk, Ramone left the tavern. Three of the soldiers followed him, while the other two remained behind and took position at opposite ends of the room.

~~Z~~Z~~Z~~Z~~Z~~

Diego spent another half hour attempting to rest yet continued to review possibilities of escape. His reflections were interrupted by the outer door opening again, and a solider walked in with a chair, followed by the Alcalde. Ramone looked at Diego as the soldier put the chair down by the door and sat down. He walked closer to the bars.

"Just so you know, Diego, I am tripling the guards in the jail, around the jail, around the pueblo, and in particular, several will be in the tavern."

"Don't you think your men need a rest from the outing this afternoon?"

"No need for you to worry about them, Diego. They are well-rested and vigilant. Enough so to thwart any rescue attempt you or your family may try tonight."

Ramone had reached the door, hand on the knob, when he turned around.

"Oh, yes, before I forget, your father, the mute boy and the senorita are under guard at the tavern for the night. I thought they would be safer there."

The Alcalde gave Diego one last smirk and walked out, head high, and the soldier sat down in the chair.

_Of course he would do all that. He is leaving me no opportunity whatsoever to escape the noose. Hopefully he will still underestimate my father, Felipe and Victoria. _

Diego had no doubt his family had been busy coming up with an idea of escape. He wished with all of his heart his loved ones did not have to risk their lives for him, but he knew they had no other choice. He thanked God the Alcalde had not arrested the three, and he was actually quite surprised about that. It just might be the only thing in his advantage at this time.

~Z~Z~Z~Z~Z~Z~

After the Alcalde left the tavern, those loved ones were involved in their own dark thoughts. Alejandro allowed himself a few moments of self-recrimination. Why hadn't he seen his son for who he really was? All the signs were there. Why didn't he question how the reckless youth he had somehow, with some difficulty, shepherded into young adulthood without loss of life or limb came back from Spain a seemingly timid scholar?

Victoria also became lost in her thoughts. How could she not see the hero within her best friend? She knew Zorro was the smartest man she had ever known, and for Diego to have pulled off such a charade was truly masterful. However, at the end of the day, did it take away the sting of him keeping this from her? Keep her from feeling like the fool for not seeing it? One small thought giving Victoria comfort, however, was his own father also had not known.

Unlike the other two, Felipe was busy reviewing possibilities on how to carry out the escape plan. Having two soldiers guarding them, and the others outside and at the jail, complicated the situation. Felipe also rued the fact he had not been able to discuss in detail the situation with Don Alejandro. However, he did have the hope that, due to his past as a soldier, the older man would be able to follow Felipe's lead, when the opportunity arose to put a rescue plan into motion.

The two soldiers took turns checking out the rest of the building while the other sat with the three, his musket trained on them at every moment. Felipe was not too familiar with either soldier, because they were both recent recruits from Santa Paula. This effectively ruled out the possibility that they could be talked out of their assignment.

Eventually, Victoria fell asleep. No opening for escape had made its appearance yet. Felipe had attempted to communicate through sign language to Don Alejandro, thinking perhaps the new recruits had not been informed about that way of communicating. Just their luck, the Alcalde had indeed warned the soldiers not to even allow them to communicate with sign language. The minute Felipe attempted to sign something to Alejandro, the soldier demanded him to stop. Alejandro shrugged his shoulders at Felipe, recognizing what he had been attempting to do.

Suddenly, a scuffle was heard outside the tavern, waking Victoria up. One soldier went out to investigate, while the other pulled his rifle out and kept it pointed at Victoria. All three sat stiffly, unable to think about what could be happening.

**AN: Not as exciting a cliffhanger as I wanted to, but that is what I could come up with. Hope you are enjoying this story, and I appreciate your indulgence as I struggle in learning to write exciting stories. Thank you for reading and reviewing!**


	3. Chapter 3: plans come together

**AN: Sorry it to me so long to bring you the next chapter. Things did not flow as easily with this one. Actually had to plot stuff out with this one. Hope you enjoy reading it!**

Everything changed for the townspeople as news spread of Diego's arrest. An uproar of outrage began to swell, especially among the elite, when they realized that indeed it was one of their own who had sacrificed so much of his life for the entire pueblo. The outrage only increased as news of the "non-arrest" of Alejandro, Victoria, and Felipe also became known.

A revolution began to form. Friends gathered in groups, neighbors sought out each other to discuss the issues, and everyone debated what to do. They were careful to avoid the Alcalde and the soldiers. Ideas began to flow, especially across class lines.

One particular group of men discussing the situation was the group of men who had been sitting with Don Alejandro at the tavern when Diego had been brought to town. Don Francisco, his white hair impeccably groomed as always, even in the slight breeze of the day, took charge of the discussion. He looked at his life-long friends, Dons Sebastian and Alphonso, and decided to broach the subject that was on all their minds.

"I cannot believe it. I just cannot believe it," Don Francisco looked at the other caballeros with him. "I would not have believed it if I had not seen it with my very own eyes. Don Diego dragged into town, wearing Zorro's clothes."

"Being accused of being Zorro! Who would have thought it?" Don Sebastian asked. Slightly younger and shorter than Don Francisco, with the years of good living catching up to him around his middle, Don Sebastian was still an attractive man.

The prankster of the group, Don Alphonso, attempted to make his usual joke to lighten the mood. "I always knew there was more to that boy than we thought. A leopard could not change it spots so drastically." He stretched out his long legs in an attempt to help keep the mood casual.

"What do you mean?" Don Sebastian asked

Don Alphonso brushed his dark brown hair out of his eyes. "Don't you remember how Don Diego was when he was a boy? There has never been anyone more of a daredevil than that boy."

"I often wondered how he and Don Alejandro would ever survive his youth!" Don Francisco laughed, grateful at having a moment to be light-hearted, as happy memories flooded his mind.

"Do you really think he is Zorro?" Don Sebastian asked, wishing to return to the urgent issue at hand.

"How could he not be? We all saw him in that outfit. The soldiers were there when he was unmasked." Don Francisco said.

"I wonder why we never put it all together. Why we never realized that young Diego was Zorro?" asked Don Sebastian.

"Diego would be so unbelievably foolish, or say something that would make his father despair, so why _would _we think he was the one being so courageous and clever," Don Francisco stated.

"In order to never be caught, he had to have such a clever disguise," Don Alphonso said, with a wry smile.

"And he did that quite well, didn't he? But we really should discuss this somewhere else, somewhere safer." Looking around the tavern for any soldiers and not seeing any, Don Francisco continued. "I think we need to discuss what we are going to do to help them."

"Help them? Diego decided to do this on his own, to risk his family's fortune. Why should we risk our very being to help that misguided boy?" Don Sebastian asked.

"Because that 'misguided boy' has saved many of us, many times. Even your family, Sebastian." Don Alphonso said, turning to face his friend and look him in the eye.

Don Francisco realized that there was more to be discussed, and wanted to move his friends elsewhere before tempers flared. He said, "Let's go to my hacienda. The last thing we need is for the Alcalde or Sergeant Mendoza to walk in and overhear this particular discussion."

~~Z~~Z~~Z~~Z~~Z~~

Mendoza had barely found the time to process the events of the afternoon. First, the Alcalde had finally devised a plan to catch Zorro off guard, which he was then successful in carrying out, resulting in the capture of his number one enemy. A feat Mendoza thought he would never live to see. Then the shock of his life, finding out the man behind the mask was his good friend Diego de la Vega. If those two items weren't enough, he then had to watch his friend be dragged through the desert, whipped and then thrown in jail under a sentence of hanging to be carried out tomorrow morning.

Diego to be hanged tomorrow morning? How was he to process that? That at this time tomorrow his friend, Diego the best man he had ever known, would be dead. For the supposed crime of defending the helpless, the injustice of the pueblo.

If he indeed had time to think it through, Mendoza would have been prepared for what happened next, upon their return to the pueblo. Instead, he was surprised by the Alcalde's request to follow him to the barracks in the middle of the afternoon. Mendoza still had no clue as to the Alcalde's intentions as two other soldiers followed them.

When they had reached Mendoza's room, the Alcalde said. "Mendoza, in all these years, I have never had to question your loyalty. Perhaps I should have." Ramon smiled grimly at Mendoza. "If I had, I might have captured Zorro sooner."

"What do you mean, Alcalde? I have always been loyal to you and to the Crown. And I have _never_ stood in the way of your plans to capture Zorro."

"In light of recent circumstances, I feel I can no longer trust you regarding Diego de la Vega. So, until the sentence of hanging until dead has been carried out, you, Jaime Mendoza, are ordered to remain in your barracks."

Mendoza was shocked. What could the Alcalde mean by all of this? He was surprised to find how hurt he was by the Alcalde's accusations.

"Am I under arrest, Alcalde? Why?"

"You will be if you continue to question my orders! I shall talk to you later. Needless to say, if you attempt to leave your quarters, you will face some consequences, ranging from imprisonment up to possible death." The Alcalde opened the door, stopped and turned to him once again. "Oh, and just to let you know, there will be a guard outside your door, and another outside the barracks to ensure you will not attempt a misguided rescue of de la Vega." The Alcalde then turned and left.

Mendoza watched in shocked silence as the Alcalde left. He sat down on the bed, and stared at his various belongings without seeing them. Memories of the various appearances of Zorro sped through his mind. With each incident, Mendoza recalled all the good Zorro had done, and how he had slowly won over Mendoza's admiration. These memories were followed by all the good times he had shared with Don Diego.

Mendoza got up and began pacing the short distance in his room. The more he thought about everything, the angrier Mendoza became. The good nature familiar to everyone was rapidly replaced with righteous indignation. Years of the Alcalde's mistreatment, as well as all the times he had to assist the Alcalde in his dirty dealings, came to a head. Mendoza decided that for once, he was going to take a stand.

Upon reaching the window in his pacing for the fifth time in a row in the last five minutes, his eyes caught something. Mendoza approached the window and looked out to see Felipe riding into the pueblo. What a nice boy, Mendoza thought. The sight of the young man almost brought him to tears. Mendoza thought about how close Felipe was to Diego, and wondered how he would live without Diego.

Mendoza was pulled out of the reflection as he watched Felipe ride to the barn behind Victoria's tavern, and lead the saddle-bag loaded horse into the barn. As far as he knew, the de la Vegas never used her barn to park their horses. There was no need for it. He also wondered what could be in those saddle bags. They looked suspiciously full. Mendoza recalled all the tricks Zorro had used over the years. His lips curved in a satisfied smile, which then disappeared just as quickly. That information would only prove useful if he could find a way past the guards and leave the barracks.

Imagine his surprise when he heard a scuffle outside his room. Suddenly Pedro and Carlos, two of Don Francisco's men, entered. Carlos was carrying one of the guards over his shoulder, who he then laid carefully on Mendoza's bed. Mendoza noted the guard was bound hand and foot.

"Good to see you, Mendoza. I assume, since you have been kept under guard, you would be interested in helping Diego?" Pedro, Don Francisco's foreman said to Mendoza.

"Yes, I am. And I have some ideas as to where we can find some of Zorro's surprises to help us defeat the Alcalde."

The two men updated Mendoza on the plans the townspeople had developed since the news of Diego's arrest had spread, how quite the number of the men had stepped up to offer their services to assist in rescuing Diego. Since the two men had taken care of the guards, the three men were able to leave the barracks without further incident.

Mendoza himself went to look for the saddlebags in Victoria's barn. He found one hidden in the tack room. He pulled out various items, debating upon whether he could use them. It was a slim chance that the solider guarding Diego would step down, but Mendoza thought they would take the chance. That was why Mendoza would enter the jail, instead of one of the ranchers, in case Diego could be freed without possible harm to anyone.

He found some darts and several bottles. Luckily, they were labeled and one was marked "sleep". Memories flooded Mendoza's mind as he remembered one particular incident when he himself had been shot with a dart with the sleeping potion on it. That would be the best thing to use, he decided.

He joined the men outside. They silently went to the jail, where the two men overcame the guard outside the building. Pedro and Carlos would then stand guard outside the jail while Mendoza rescued Diego.

~~Z~~Z~~Z~~Z~~Z~~

Previously, at the tavern:

_Suddenly, a scuffle was heard outside the tavern, waking Victoria up. One soldier went out to investigate, while the other pulled his rifle out and kept it pointed at Victoria. All three sat stiffly, unable to think about what could be happening._

The crashing of glass then occurred, prompting the soldier with them to turn his attention, in spite of himself, away from Victoria. Felipe took advantage of this split minute distraction to jump up and tackle the soldier, knocking him out. Victoria and Alejandro watched in amazement as Dons Francisco, Sebastian and Alphonso, entered the tavern, carrying muskets.

"Don Alejandro, the majority of us townspeople have decided we could not sit by and have you lose your son to our common cause without us joining in the fight," Don Francisco informed the trio.

"We decided we needed to take control of our pueblo. We have let Zorro do our fighting for way too long," added Don Alphonso.

While they were talking, Felipe had gone to the other room to find some rope. He returned and tied the soldier up before he could regain consciousness.

Don Sebastian stated, "Good job, young man. We tied up the other soldier as well and hid him in the other room."

Alejandro turned to the trio of caballeros. "So what is the plan now?"

The caballeros explained their idea to spring Diego from the jail, and then Diego to take care of the Alcalde. Then they would place the soldiers and the Alcalde in the jail until the emissary from Santa Paula could visit the pueblo. One of Don Sebastian's servants had left earlier in the evening for Santa Paula, carrying a letter of explanation to them.

"Like I said, Don Alejandro, we have allowed this situation to go on for way too long. You have been saying how your letters to the emissary and to the king have appeared to have no reaction," Don Sebastian said.

"Tonight, the Alcalde was bragging how he had been bribing the coast guard in diverting those letters. They never reached the King," continued Don Alphonso.

"Why did the Alcalde make such an admission to you?" Don Alejandro asked in amazement.

"I guess he feels confident because Zorro has been captured, and since you are related to him, you are also effectively no longer a threat. I suppose by bragging to me, he was letting us know there was no hope in rebellion. That if you, a relative of the King, are not safe from retribution, then no one is."

"He was wrong. He didn't know the power of the people once we are all united in one cause," Don Sebastian said, pride evident in his voice. "I first had my doubts about this, but I am proud of how our pueblo has stepped up to help take back what should be ours."

"All because of Zorro?" Don Alejandro. He could not help but feel a little twinge of anger that this 'rebellion' had not happened before his son had to risk everything. If they had, Diego might have been married before this. He pushed such thoughts away for the time being. Alejandro sighed. They first had to make sure Diego did not die tomorrow.

"No, because of Diego. Even though we all have had our disdain for some of his actions and behaviors, young Diego has indeed grown up to be quite the remarkable man. Even without knowing he was Zorro. Despite appearing like a supposed 'fool', he has helped the pueblo so much with his various talents, and his knowledge. It was only because of Zorro we let ourselves be blind to Diego's contributions."

"Only because Diego had to hide his brilliance so that he would not be discovered. He did go to a lot of trouble hiding his true self, hasn't he?" Don Alphonso asked. "But Don Diego is truly loved by everyone in the pueblo. You must be aware of this, Alejandro?"

Don Alejandro was suddenly choked with emotion. For the first time since this ordeal had begun, he felt as if they did have a chance to prevent the death of his only son. Hearing about the outpouring of support from the pueblo did indeed warm his heart.

Don Francisco's next statement brought Alejandro back to the situation at hand. "By now, several of our servants and allies have taken care of the guards at the jail."

"What do we do now?" Alejandro asked his friends.

**AN: Oh no, am I cutting it off there? Oh dear, I could not come up with a better cliff-hanger. Just the one of will they succeed in the jail break? Hmm…hopefully I will not leave you hanging as long as I did with this chapter. Thank you for reading, and you would make my day by leaving a review! Thanks bunches!**


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